Per Curiam.
Matter of Thompson (6 Dem. 56) in holding that a second surety may be justified from the excess of assets of the first, properly applied section 813 of the Code of Civil Procedure, the predecessor statute to section 152 of the Civil Practice Act. This interpretation was supported by the commissioner's notes to the Code of Remedial Justice (1876), in which with reference to section 813 of the Code of Civil Procedure it was stated: "New; designed...
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